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November 13, 2023 Top Legal News of the Week

AI legal issues, executive order dominate antitrust forum

A one-day program sponsored by the American Bar Association Antitrust Law Section explored the intersection between artificial intelligence and antitrust law. Experts also analyzed the potential impact of a recent Presidential Executive Order, which established new standards for AI safety and security, among other areas.

A recent ABA Antitrust Law Section program in Washington addressed the potential impact of AI on the law and other aspects of society.

A recent ABA Antitrust Law Section program in Washington addressed the potential impact of AI on the law and other aspects of society.

The Nov. 9 forum, “Can Antitrust and Consumer Protection Keep Up with Artificial Intelligence? What You Need to Know,” featured keynote remarks from U.S. Sen. Richard Blumenthal, D-Conn., a member of the Senate Committee on the Judiciary who discussed a possible need to coordinate federal AI policy and enforcement.

The president’s executive order covers privacy, equity and civil rights, and innovation. In the Oct. 30 announcement, the White House billed the new policy as a means for the U.S. to lead “in seizing the promise and managing the risks of artificial intelligence.”

In his remarks, Blumenthal discussed bipartisan legislation he introduced this summer to create a framework for the federal government to regulate AI.

“Right now, there's a lot of authority, but it's kind of sprinkled around the government. Maybe what we need is one office of artificial intelligence, for lack of a better word, that can combine and oversee this licensing regime,” Blumenthal said, pointing to the U.S. Food and Drug Administration and its authority as a potential model.

At the Nov. 9 antitrust program in Washington, governmental officials and other experts addressed the potential impact of AI on the law as well as other aspects of society. “It will certainly be interesting to see how the professions adjust,” section Chair Fiona Schaeffer said in opening remarks.

The program included a focus on the “nuts and bolts” of AI technology, how algorithms might affect pricing and service and raise anticompetitive outcomes, and how best to employ AI in litigation, audits and investigations.

The ABA has several initiatives focused on AI, including a Task Force on Law and Artificial Intelligence established by President Mary Smith to examine the impact of AI on law practice and the ethical implications for lawyers. A Nov. 9 Presidential Speaker Series presentation also addressed AI issues and the law and the legal profession.

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